Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Louisiana Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Contracts for Louisiana on
Q: How to address discrepancies with a POA managing a property sale in Louisiana?

I am involved in the sale of undeveloped land in Zachary, Louisiana, which is to be divided among my six siblings and me. We have given a Power of Attorney (POA) to someone to sell the property and manage the finances. However, the financial calculations presented by the POA don't seem... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 20, 2025

More information is needed here ---for example, is the POA actually a POA, and if so, did all 6 siblings give the agent the POA --I ask because if this is a simple POA, then the principal can simply revoke the POA. Or is the POA actually your agent under a contact to provide services----if there... View More

2 Answers | Asked in Foreclosure, Civil Litigation, Contracts and Real Estate Law for Louisiana on
Q: How can I regain my property after a foreclosure and pending court actions?

How can I regain my property after a foreclosure occurred on January 8, 2025, and the sheriff's sale was recorded on February 6, 2025? I filed a motion to rescind the foreclosure sale, a motion to stay/quash the writ of possession, and a claim for damages due to breach of contract as well as a... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 15, 2025

There is not enough information to provide a specific answer, however, if you file the suit with an attorney representing you then I recommend that you speak to your attorney and discuss these concerns. If you file the suit without a lawyer representing you, then I congratulate you on the progress... View More

View More Answers

2 Answers | Asked in Probate and Real Estate Law for Louisiana on
Q: Resolving property rights and usufruct with stepchildren in Louisiana.

My husband passed away in 2012 without a will, leaving behind two sons from a previous marriage. We purchased a house in Louisiana together before our marriage, registered in both our names. During the succession, it was determined that I have usufruct over the house, owning 50%, while his sons own... View More

Christie Tournet
Christie Tournet
answered on Apr 2, 2025

Unfortunately, when a Last Will is not in place to address these blended family concerns, you become a co-owner with the children, and you have only a "legal" usufruct over your spouse's former one-half interest. You are correct. You cannot alienate, encumber, or sell/lease without... View More

View More Answers

1 Answer | Asked in Probate and Real Estate Law for Louisiana on
Q: Definition of surviving spouse for inheritance in Louisiana

I am trying to understand the definition of a surviving spouse under Louisiana law in the context of inheritance. The deceased, who had one son, was married for four months before passing intestate. The company's plan names a primary beneficiary, but its rules state the benefits go to the... View More

Christie Tournet
Christie Tournet
answered on Feb 20, 2025

A surviving spouse is the surviving husband or wife of the Decedent. As to non probate assets, such as retirement accounts and life insurance accounts, those should always be paid to a designated beneficiary. In your query, I am not clear if a "company plan" is a type of profit... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Louisiana on
Q: Married 20 years, want to leave but fear desertion claims, no kids involved.

I have been married for almost 20 years. We own a home together and I would like to sell it and split the profit, as well as divide a few shared items. We currently live in the same home, even sharing a bedroom. I want to leave, but I'm not sure if I would forfeit everything, as in a claim of... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 20, 2025

If you have a community property regime, which you most likely have, 1/2 of the marital assets and 1/2 of the marital debt is yours and the other half is his regardless of who is at fault in the marriage. I recommend that you contact a divorce/community property/family lawyer in your area and have... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: If equity from a sale is already deposited, can one party demand the other’s share?

Two unmarried parties buy a house together and split up. Both names are on the deed and all paperwork signed. They split up, but do not refinance to get one name removed. Three years later, the party living in the house starts the sale, completes it, and both sign off on papers saying that they... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 20, 2024

Y'all are co-owners of the property and if one of the co-owners paid monies for the benefit of the property such that the other co-owner owes 1/2 reimbursement then one can seek reimbursement for that amount. As for your question of whether or not one owner may demand the equity share because... View More

2 Answers | Asked in Tax Law and Real Estate Law for Louisiana on
Q: After purchasing a property at tax sale with no clear owner, would they be able to redeem it within three years?

It is an empty lot of land, 0.5 acres, entirely wooded and overgrown with no servitudes, buildings, or other property besides the land itself. Any attempt to check who the original owner might be comes up short, since it is in the name of an estate rather than a person. The last record for the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 8, 2024

The adjudiciated property process is similar not not completelyt identical throughout the state---I would recommend that you contact a property lawyer in your area-----or contact the parish attorney's office in the parish you purchased the adjudicated property----ask to sit down and discuss... View More

View More Answers

1 Answer | Asked in Consumer Law and Real Estate Law for Louisiana on
Q: Can HOA change resolutions without notifying neighborhood members?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 8, 2024

My best guess: Resolutions? Probably. Restrictions/covenants? No. The answer is in your HOA's governing documents---please review them or consult with a lawyer for the purpose of have them reviewed to obtain an answer to your question(s). I know you are saying resolutions but resolutions... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: Im a tenant in Carencro, LA. If I hold out money from next month's rent for a repair I paid for can he evict me?

I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

If you decide to withhold part of next month's rent in Carencro, LA to cover repair costs you've already paid, you should be aware that this action can be risky. Landlords typically expect full rent payment on the due date, and withholding any portion without explicit legal approval or... View More

View More Answers

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: Im a tenant in Carencro, LA. If I hold out money from next month's rent for a repair I paid for can he evict me?

I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 28, 2024

You need to review your lease, if you have one, to determine whether or not you can proceed in the manner you deisre. Normally, unless you have the landlord's permission to decrease that month's rent due to the payment of the bill, you have to pay your monthly rent or you are in breach... View More

View More Answers

1 Answer | Asked in Real Estate Law for Louisiana on
Q: How do I donate half of my home that I purchased before I married my wife to her I live in Louisiana I still owe a mortg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 8, 2024

You can accomplish this via an Act of Donation. If you only do a standard Act of Donation, your wife would not be a party to the mortgage, however your wife would receive whatever it is you are donating (presumably 1/2 interest) subject to the mortgage and/or whatever is in the public record..... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I ask my uncle to get me a house with my money but I later get to see it that his name is on the property as owner
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

If you provided the funds for purchasing the house and your uncle agreed to buy it for you, it's understandable that you would expect your name to be on the property as the owner. However, if your uncle's name is the only one listed on the property, it may indicate a discrepancy between... View More

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: If my dad died with no will and left an estate, how does it work?

I have three siblings and a stepmom. My stepmom is currently living there and one of my siblings want the house while me and another sibling don't want our sibling to get the house. We want our stepmom to keep it but pay us our fair share. My sibling who wants the house wants to kick the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 9, 2024

I am sorry for your loss and your situation. If your father had a will, then his estate would pass via the directives in his will. If he did not have a will, then it would pass via the succession law of Louisiana assuming Louisiana has jurisdiction. Based on your post, your father has a positive... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Probate for Louisiana on
Q: I believe an illegitimate deed was filed after a divorce decree was signed. Can a deed override a divorce decree order?

A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Control of inherited undivided property.

When my parents died, my 2 bros, a sis and I inherited 2 15 acre lots. One bro died in 2015, no will, but a succession was done,shows us 3 sibs as joint owners in undivided prop.These 2 15 acre lots were last surveyed in the 1930’s. I hired someone to survey and divide the property into 3... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 8, 2023

Something is inconsistent here-----You indicate that there was no will and that you have 2 bros, a sis and you howewver a succession was opened and the 3 sibs becanes owners of the 2 lots. Inconsistency notwitstanding, I would contact the attorney who handled the succession and discuss your... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Louisiana on
Q: How to write a final response letter to address ignored repair requests from my landlord in Louisiana?

I'm trying to write a final response letter to my landlord regarding necessary repairs. My A/C unit leaked, spit ice, and froze, requiring painting. The gutter above my apartment is leaking. Additionally, some outlets do not work, and the living room outlet keeps blowing a fuse. I’ve never... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2025

To address the ignored repair requests, you should write a formal, clear, and polite final response letter to your landlord. Start by stating that you’ve previously informed them of the needed repairs and that, despite your best efforts, the issues have not been addressed. Be specific about the... View More

1 Answer | Asked in Probate, Real Estate Law and Civil Litigation for Louisiana on
Q: Dispute over property as caretaker after owners' death, pressured by family to vacate.

I am in a dispute over a property where the owners are deceased. I have a letter stating that I am the caretaker, having taken care of the property for over 40 years. The family is trying to force me off the property and have asked me to sign documents related to transferring or buying ownership,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

You have several options in this situation, and it’s important to protect your rights as the caretaker of the property. First, review the letter that confirms you as the caretaker to understand its legal implications. This letter may help demonstrate your longstanding relationship with the... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Louisiana on
Q: Can items given away 2 years ago be reclaimed?

Two years ago in New Iberia, Louisiana, I received items from a man who was evicted from his residence after separating from his girlfriend. He gave away items he couldn't move, and I took them believing he was the rightful owner. The girlfriend had moved her belongings out months before his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

It’s possible that the girlfriend could try to reclaim the items, but after two years, it may be more difficult for her to do so. Generally, if items are given away with the intent to transfer ownership, and no formal agreement was made for their return, the recipient may have a stronger claim to... View More

1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant and Real Estate Law for Louisiana on
Q: Is it legal for housing authority board members to access tenant files without oversight?

I am concerned about privacy issues involving board members of a housing authority accessing tenant records and other files. The board members, alongside a secretary, are in the office doing exams and collecting rent, while the director is on administrative leave pending a contract buyout. Is their... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

In most situations, tenant privacy and the protection of personal information are governed by strict laws, including the Fair Housing Act and other privacy protections. Typically, access to tenant records is limited to authorized personnel, such as the housing authority director, administrative... View More

1 Answer | Asked in Construction Law and Real Estate Law for Louisiana on
Q: Compliance of wooden steps/ramp for church exit in LA?

In New Orleans, Louisiana, I am planning a new project involving the construction of wooden steps and a wooden ramp with handrails 32 inches high for an emergency exit or back door exit at a church assembly commercial building. My main concern is ensuring compliance with safety or building codes.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Your concern is valid, especially since this project involves a commercial assembly building where public safety is a top priority. In New Orleans, Louisiana, construction projects like ramps and stairs for churches must comply with the International Building Code (IBC), which the city follows,... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.